Is it legal to cold email or DM people about my product?

In the UK you may send a cold marketing email to a company without its consent, and not to an individual, a sole trader or an ordinary partnership. The ICO's guide to electronic mail marketing says those need specific consent, and that the same rule covers direct messages on social media. In the US, the FTC's CAN SPAM Act guide names no consent requirement before a first email. It requires an honest sender and subject line, a postal address and a working opt out, honoured within 10 business days, with penalties of up to $53,088 for each email. This page is not legal advice.

What the regulators say, in their own words

The UK rules are the Privacy and Electronic Communications Regulations (PECR) and UK GDPR, enforced by the Information Commissioner's Office (ICO). The US rule is the CAN SPAM Act, enforced by the Federal Trade Commission (FTC).

You must not send marketing emails or texts to individuals without specific consent.

You can send marketing emails or texts to companies. However, it is good practice to keep a 'do not email or text' list of any companies that object.

This same rule applies to emails, texts, picture messages, video messages, voicemails, direct messages via social media or any similar message that is stored electronically.

Information Commissioner's Office, Guide to PECR, electronic mail marketing

Regulation 22 applies only to individual subscribers, which is why companies fall outside it. The exception a business can use, which the ICO calls the soft opt in, is for someone whose details you obtained in the course of a sale or negotiations for a sale. The ICO says it does not apply to prospective customers or new contacts, so it cannot cover a cold message.

However sole traders and other types of partnerships are classed as "individual subscribers" and PECR treats them the same as individuals.

If you are processing the personal data of a business contact then the UK GDPR gives them the right to object to you processing it for direct marketing purposes. This right is absolute and there are no grounds for you to refuse.

Information Commissioner's Office, Business to business marketing

Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.

Tell recipients where you're located. Your message must include your valid physical postal address.

Federal Trade Commission, CAN SPAM Act: A Compliance Guide for Business

The same guide says the law makes no exception for email sent from one business to another.

The UK and the US, side by side

Read from the three pages quoted above and from regulation 23. The penalties are sourced under "The numbers".

The questionUKUS
Who you may email without consentA company, a limited liability partnership, a Scottish partnership or a government body. An individual, a sole trader or an ordinary partnership needs specific consent, unless they are already your customer and the soft opt in applies.The FTC guide names no consent requirement before a first commercial email, to a consumer or to a business.
What every message must carryYour identity, not disguised or concealed, and a valid address for asking you to stop. Regulation 23 applies to every recipient, companies included.Accurate From, To and routing information, a subject line that reflects the content, a clear statement that it is an advertisement, your valid physical postal address, and how to opt out.
How to stopAn individual can opt out or withdraw consent at any time, and you must stop. PECR does not say you must comply with a company's opt out. The ICO says you should.The way to opt out must keep working for at least 30 days after you send. You must honour a request within 10 business days, with no fee.
Maximum penalty£17,500,000 or, for an undertaking, 4% of total annual worldwide turnover if that is higher.Up to $53,088 for each separate email in violation.

What that means if you have just launched

This page covers the UK and the US only, does not say which country's rules apply to a message sent across a border, and is not legal advice. Other countries have their own rules: the Canadian government's page on its anti spam legislation says it asks businesses to obtain consent before sending commercial electronic messages.

  • In the UK, find out who you are writing to. A limited company may be emailed cold. A sole trader or an ordinary partnership may not. If you cannot tell which it is, the ICO says to treat the address as belonging to an individual.
  • A named person at a company is still personal data. The ICO's legitimate interests guidance says much of what you do with business contacts' details is likely to be lawful on that basis, that there is no absolute rule, and that you must apply its three part test. It cannot be used where PECR requires consent. The page on business to business marketing says to give the person privacy information no later than one month after you took their details from another source.
  • Direct messages are covered in the UK. The ICO's page on business to business marketing counts a direct message on social media as electronic mail, so a pitch sent that way to an individual needs their consent first. It adds that marketing sent to a person who uses a professional networking site in their personal, albeit professional, capacity is not business to business marketing. The FTC's guide does not mention direct messages. Platforms set their own limits: see LinkedIn and X.
  • Public does not mean consented. The ICO's detailed guidance says publicly available contact details are not consent to your marketing, and that people on a bought list must have given valid consent that named your organisation.
  • One message counts. Neither set of rules is only about bulk sending. The ICO says direct marketing covers all types of advertising, marketing or promotional material, and the FTC's guide says the Act does not apply just to bulk email.

The numbers

  • UK maximum: £17,500,000, or 4% of turnover. Since 5 February 2026, Schedule 1 of the Regulations puts regulations 22 and 23 under the higher maximum amount in section 157 of the Data Protection Act 2018: £17,500,000 or, for an undertaking, 4% of total annual worldwide turnover in the preceding financial year, whichever is higher. The Schedule also allows a penalty notice to a company officer, such as a director, whose consent, connivance or neglect lay behind the failure.
  • One ICO page still says £500,000. The ICO's summary of the Data (Use and Access) Act 2025 says the Act brings enforcement under PECR into line with UK GDPR, so that penalties are the same in most cases. Its introduction to PECR still says a fine of up to £500,000, under a notice that the page is under review because of the Act.
  • US maximum: $53,088 for each separate email. The figure on the FTC's guide today, which carries a note that it was edited in January 2024 for the civil penalty maximums.
  • 0.3% and 5,000. A mailbox provider's own rule, on top of the law. Google's email sender guidelines require every sender to personal Gmail accounts to authenticate their email and keep reported spam rates below 0.3%. Above 5,000 messages a day to Gmail accounts, marketing messages must also offer unsubscribing in one click.

How Sami uses it

Sami ranks cold email and direct messages against the other channels for your product, such as Reddit and directories, and says why they are in or out. Sending a message needs no ad budget, so the channel is weighed with the free methods, which the plan puts before paid ones.

AskSami never posts anywhere for you, never spends your money and never writes to your code. You do those things yourself. That covers email and direct messages: every one is sent by you. The numbers you bring back, such as messages sent, replies and signups, become dated records.

Questions people ask

Is cold email legal in the UK?

To a company, yes, without consent, if you do not hide who you are and you give a valid address to opt out. To an individual, a sole trader or an ordinary partnership, only with their specific consent. The ICO's guide to electronic mail marketing sets out both rules.

Is cold email legal in the US?

The FTC's CAN SPAM Act guide names no consent requirement before a first commercial email. It requires accurate header information, an honest subject line, a statement that the message is an advertisement, a valid physical postal address and a way to opt out that you honour within 10 business days.

Does GDPR apply to B2B cold email?

In the UK, yes, whenever the address or your records identify a person. The ICO's page on business to business marketing says you then need a lawful basis and must stop if they object. It says UK GDPR does not apply when you do not know the name of the person you are writing to.

Can I send cold DMs on LinkedIn or X about my product?

In the UK the email rules apply, so a pitch to an individual needs their specific consent first. The ICO says that if you are marketing using direct messaging via social media, the electronic mail marketing rules apply. The FTC's guide covers email and does not mention direct messages. The platforms have rules of their own, set out under LinkedIn and X.

Can I email addresses I found on a website or bought on a list?

Finding or buying an address is not consent. The ICO's detailed guidance says publicly available details do not mean their owner consented, and that the people on a bought list must have given valid consent that named your organisation and the method you plan to use. In the UK that decides it for individuals and sole traders, who need consent. A company's address does not.

Read next

AskSami reads what you give it, all of it optional: your GitHub repository, up to 40 pages of your live site, and the screenshots, ad exports and payment exports. From that it writes an honest read of why the product does or does not sell, and a ranked plan of up to ten ways to get customers, free methods before paid ones.

Sources

  1. Information Commissioner's Office, Guide to PECR: Electronic mail marketing. Read on 8 October 2026.
  2. Federal Trade Commission, CAN SPAM Act: A Compliance Guide for Business, August 2023, with a note that it was edited in January 2024. Read on 8 October 2026.
  3. legislation.gov.uk, The Privacy and Electronic Communications (EC Directive) Regulations 2003, regulation 22, latest version, amended 5 February 2026. Read on 8 October 2026.
  4. Information Commissioner's Office, Business to business marketing. Read on 8 October 2026.
  5. legislation.gov.uk, The Privacy and Electronic Communications (EC Directive) Regulations 2003, regulation 23, latest version, amended 26 May 2011. Read on 8 October 2026.
  6. Government of Canada, Canada's anti spam legislation, modified 15 July 2024. Read on 8 October 2026.
  7. Information Commissioner's Office, Legitimate interests: When can we rely on legitimate interests?. Read on 8 October 2026.
  8. Information Commissioner's Office, Guidance on direct marketing using electronic mail: How do we comply with the PECR electronic mail marketing rules?, the front page of the guidance says it was updated on 28 April 2026. Read on 8 October 2026.
  9. legislation.gov.uk, The Privacy and Electronic Communications (EC Directive) Regulations 2003, Schedule 1, latest version, substituted 5 February 2026 and amended 30 September 2026. Read on 8 October 2026.
  10. legislation.gov.uk, Data Protection Act 2018, section 157. Read on 8 October 2026.
  11. Information Commissioner's Office, The Data Use and Access Act 2025, summary of the changes to data protection law: Privacy and electronic communications, published 19 June 2025. Read on 8 October 2026.
  12. Information Commissioner's Office, Guide to PECR: What are PECR?. Read on 8 October 2026.
  13. Google, Email sender guidelines. Read on 8 October 2026.

Checked on 17 October 2026. Every rule, price and figure on this page was read on the page it links to, on the day shown beside it above. They change, so open the source before you rely on one.